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Thursday, October 28, 2010 3:49:08 PM
Also, I think we will see a page in our report very much like this one (page 12 on report -- page 18 of document)
b. The Examiner, as did the Creditors Committee, provided advance notice to the
USAO of proposed interviews to allow the USAO an opportunity to object if the USAO believed
an interview would compromise its criminal investigation. As noted above, out of deference to
ongoing governmental investigations, the Examiner was unable to interview certain witnesses
believed to have valuable knowledge of the facts underlying the fraudulent schemes. Because of
the ongoing criminal investigation, it is also likely that some participants would have refused to
be interviewed or to testify. The witnesses unavailable to the Examiner included high-level
Refco officers and directors, key GT principals and employees, and a few of the third-party
participants in some, but not all, of the Round Trip Loan transactions. The Examiner was also
unable to review certain reports provided to the USAO by Latham & Watkins regarding the
internal investigation performed at the request of Refco’s Audit Committee immediately prior to
the bankruptcy filings.
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